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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland JURY BILL 1995
Queensland JURY BILL 1995 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--CITIZEN'S OBLIGATION TO PERFORM JURY SERVICE 4 Qualification to serve as juror . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Obligation to perform jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Verdict not to be questioned on ground of qualification of juror . . . . . . . . . 9 PART 3--JURY DISTRICTS AND JURY ROLLS Division 1--Jury districts 7 Jury districts--establishment and boundaries . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Assignment of responsibility for jury districts to other sheriffs and persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2--Jury rolls 9 Keeping of jury rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Jury roll for a jury district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Electoral Commission to give information . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Duty of police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4--ASSEMBLY OF JURORS Division 1--General powers of senior judge administrator 13 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Administrative directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2--Preparation of lists of prospective jurors 15 Lists of prospective jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2 Jury 16 Selection of persons to be included in list of prospective jurors . . . . . . . . . 14 17 Copies of list must be given to other sheriffs . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3--Notice to prospective jurors 18 Notice to prospective jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4--Power to excuse from jury service 19 Sheriff's power to excuse from jury service . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Power of judge to excuse from jury service . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Criteria to be applied in excusing from jury service . . . . . . . . . . . . . . . . . . . 16 22 When prospective juror entitled to be excused from jury service . . . . . . . . 17 23 Time for exercising power to excuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 5--Revision of list of prospective jurors 24 Revision of list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Effect of revised list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 6--Summoning for jury service 26 Selection of persons for summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 27 Summons for jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Obligation to comply with summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 List of persons summoned for jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Reproduction of list of persons summoned for jury service . . . . . . . . . . . . . 21 31 Questions relating to jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 5--FORMATION OF JURIES Division 1--Number of jurors in trials 32 Juries for civil trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Juries for criminal trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Reserve jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 2--Suitability of jurors 35 Information about prospective jurors to be exchanged between prosecution and defence in criminal trials . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3--Attendance of jury panel 36 Sheriff to arrange for attendance of jury panel . . . . . . . . . . . . . . . . . . . . . . . 24 37 Materials to be given by sheriff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3 Jury Division 4--Supplementary jurors 38 Supplementary jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 5--Preliminaries to jury selection 39 Defendant to be informed of right of challenge . . . . . . . . . . . . . . . . . . . . . . . 25 40 Challenge to jury panel as a whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 6--Selection of jury 41 Procedure for jury selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 42 Peremptory challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 43 Challenges for cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 44 Time for challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 7--Final stage of jury selection process 45 Final stage of jury selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 46 Judge's discretion to discharge juror in final stage of jury selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 47 Special procedure for challenge for cause in certain cases . . . . . . . . . . . . . 29 48 Judge's discretion to discharge entire jury . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 8--Presumption of authority 49 Presumption of authority for challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 6--JURY TRIALS Division 1--Procedure following selection of jury 50 Jury to be sworn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 51 Jury to be informed of charge in criminal trial . . . . . . . . . . . . . . . . . . . . . . . 32 Division 2--Inspections and views 52 Inspections and views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 3--Segregation of jury in criminal cases 53 Jury not to separate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 54 Restriction on communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 4--Accommodation for jury 55 Accommodation for jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 5--Discharge of individual jurors or of whole jury 56 Discharge or death of individual juror . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 57 Continuation of trial with less than full number of jurors . . . . . . . . . . . . . . . 34
4 Jury 58 Failure to reach unanimous verdict in civil cases . . . . . . . . . . . . . . . . . . . . 35 59 Unanimous verdict in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 60 Jury may be discharged from giving verdict . . . . . . . . . . . . . . . . . . . . . . . . . 35 61 Discharge of jury when judge dies or becomes incapacitated . . . . . . . . . . . 35 62 What happens when jury is discharged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 7--JUROR'S REMUNERATION AND ALLOWANCES 63 Remuneration and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 64 Special payments in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 65 Fee for jury in civil cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PART 8--MISCELLANEOUS 66 Impersonation of members of jury panel or jury . . . . . . . . . . . . . . . . . . . . . . 37 67 Falsification of jury lists etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 68 Obligation to answer questions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 69 Employment not to be terminated or prejudiced because of jury service . . 38 70 Confidentiality of jury deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 71 Duties of a police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 72 Delegation by sheriff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 73 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 74 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 9--REPEAL, AMENDMENT AND TRANSITIONAL PROVISIONS 75 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 76 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 77 Jury Act 1929 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 78 Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42 REPEALS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 43 AMENDMENTS CRIMINAL CODE ACT 1899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 OATHS ACT 1867 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5 Jury SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 46 DICTIONARY
1995 A BILL FOR An Act about juries
s1 8 s4 Jury The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Jury Act 1995. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 dictionary 7 Definitions--the 3. The dictionary in schedule 3 defines particular words used in this Act.1 8 ART 2--CITIZEN'S OBLIGATION TO PERFORM 9 P JURY SERVICE 10 to serve as juror 11 Qualification 4.(1) A person is qualified to serve as a juror at a trial within a jury 12 district ("qualified for jury service") if-- 13 (a) the person is enrolled as an elector; and 14 (b) the person's address as shown on the electoral roll is within the 15 jury district; and 16 (c) the person is eligible for jury service. 17 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
s5 9 s6 Jury (2) A person who is enrolled as an elector is eligible for jury service 1 unless the person is mentioned in subsection (3). 2 (3) The following persons are not eligible for jury service-- 3 (a) the Governor; 4 (b) a member of Parliament; 5 (c) a person who is or has been a judge or magistrate (in the State or 6 elsewhere); 7 (d) a person who is or has been a police officer (in the State or 8 elsewhere); 9 (e) a person who is or has been a correctional officer; 10 (f) a person who is not able to read or write the English language; 11 (g) a person who has a physical or mental disability that makes the 12 person incapable of effectively performing the functions of a 13 juror; 14 (h) a person who has been convicted of an indictable offence, 15 whether on indictment or in a summary proceeding; 16 (i) a person who has been sentenced (in the State or elsewhere) to 17 imprisonment. 18 to perform jury service 19 Obligation 5. A person who is qualified for jury service is liable to perform jury 20 service unless the person is excused from jury service by a judge or the 21 sheriff.2 22 not to be questioned on ground of qualification of juror 23 Verdict 6. The fact that a person who is not qualified for jury service serves on a 24 jury is not a ground for questioning the verdict. 25 2 For power to excuse from jury service, see sections 19 to 23.
s7 10 s8 Jury ART 3--JURY DISTRICTS AND JURY ROLLS 1 P 1--Jury districts 2 Division districts--establishment and boundaries 3 Jury 7.(1) A jury district may be established or abolished under a regulation. 4 (2) The boundaries of a jury district are as defined under a regulation. 5 of responsibility for jury districts to other sheriffs and 6 Assignment persons 7 8.(1) Responsibility for carrying out the sheriff of Queensland's 8 functions under this Act for a particular jury district may be assigned under 9 a regulation to-- 10 (a) the central sheriff; or 11 (b) the northern sheriff; or 12 (c) a deputy sheriff; or 13 (d) another officer or person specified under a regulation.3 14 (2) However, despite an assignment of responsibility under this section, 15 the sheriff of Queensland-- 16 (a) remains responsible for keeping jury rolls and preparing lists of 17 prospective jurors for all jury districts; and 18 (b) may, by agreement with the sheriff to whom responsibility for a 19 particular jury district has been assigned, issue notices4 and 20 summonses5 to prospective jurors for the jury district. 21 3 The northern sheriff and the central sheriff are appointed under the Supreme Court Act 1895, section 9. The deputy sheriffs are appointed under the Supreme Court Act 1867. 4 See section 18 (Notice to prospective jurors). 5 See section 27 (Summons for jury service).
s9 11 s 12 Jury 2--Jury rolls 1 Division of jury rolls 2 Keeping 9.(1) The sheriff of Queensland must keep a jury roll for each jury 3 district. 4 (2) A jury roll may be kept in any way, including, for example, by 5 computer. 6 roll for a jury district 7 Jury 10.(1) The jury roll for a particular jury district must consist of a list of 8 the names, addresses and occupations of electors whose addresses, as 9 recorded in an electoral roll, are within the jury district. 10 (2) However, the sheriff of Queensland must exclude from the jury roll 11 the names of persons who are, to the sheriff's knowledge, not qualified for 12 jury service. 13 (3) The sheriff of Queensland may make reasonable inquiries to find out 14 which persons enrolled as electors for addresses in a particular jury district 15 should be excluded from the jury roll. 16 Commission to give information 17 Electoral 11. If asked by the sheriff of Queensland, the Electoral Commission 18 must-- 19 (a) give the sheriff information reasonably required for keeping a 20 jury roll; and 21 (b) allow the sheriff access to any information the commission has 22 relevant to the keeping of jury rolls. 23 of police 24 Duty 12.(1) If asked by the sheriff of Queensland or the Electoral 25 Commission, a police officer must-- 26 (a) make inquiries reasonably required for keeping a jury roll; or 27
s 13 12 s 13 Jury (b) give other reasonable help relevant to keeping a jury roll. 1 (2) The sheriff of Queensland or the Electoral Commission must give 2 the police officer any information the sheriff or commission has that may 3 help the officer conduct the inquiries. 4 (3) Without limiting subsections (1) and (2), the sheriff of Queensland or 5 the Electoral Commission may arrange with the Commissioner of the 6 Police Service for the Police Service to make inquiries and give help of the 7 type mentioned in subsection (1)(a) and (b). 8 (4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 9 apply to the disclosure of information for inquiries, or to the sheriff of 10 Queensland or the Electoral Commission, under this section.6 11 ART 4--ASSEMBLY OF JURORS 12 P 1--General powers of senior judge administrator 13 Division directions 14 Practice 13. After consulting with the chief judge of District Courts, the senior 15 judge administrator may issue directions under the Supreme Court of 16 Queensland Act 19917 about-- 17 (a) the preparation of lists of prospective jurors for each jury district 18 and, in particular, how often a fresh list is to be prepared for each 19 jury district; and 20 6 The Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, places restrictions on disclosure of the criminal history of a person by someone if the rehabilitation period under the Act has come to an end. 7 The Supreme Court of Queensland Act 1991, section 60, deals with the responsibility of the senior judge administrator for the administration of the Supreme Court in the trial division. The section empowers the senior judge administrator, among other things, to issue directions about the practices and procedures of the Supreme Court in the trial division (s 60(2)(b)).
s 14 13 s 15 Jury (b) summoning and assembling prospective jurors for jury service; 1 and 2 (c) forming panels of prospective jurors from the available persons 3 who have been summoned for jury service in a jury district so 4 juries may be selected for civil and criminal trials that are to begin 5 in the jury district; and 6 (d) the criteria for excusing from jury service and the circumstances 7 in which a person may be excused permanently from jury 8 service; and 9 (e) jury members being informed of the names of the parties and any 10 witnesses to be called. 11 directions 12 Administrative 14. After consulting with the chief judge of District Courts, the senior 13 judge administrator may give administrative directions for the proper and 14 efficient administration of this Act to sheriffs and other persons engaged in 15 the administration of this Act. 16 Division 2--Preparation of lists of prospective jurors 17 of prospective jurors 18 Lists 15.(1) The sheriff of Queensland must prepare lists of prospective jurors 19 for each jury district. 20 (2) The sheriff of Queensland may decide how often a list of prospective 21 jurors is to be prepared for each jury district and the number of persons to 22 be included in each list according to the sheriff's estimate of the likely need 23 for jurors in the jury district. 24 (3) However-- 25 (a) the sheriff of Queensland must comply with requirements under 26 the practice directions about how often fresh lists of prospective 27 jurors are to be prepared for each jury district; and 28 (b) subject to the practice directions, the sheriff of Queensland must 29 comply with the request of another sheriff-- 30
s 16 14 s 18 Jury (i) for the preparation of lists of prospective jurors for the jury 1 district for which the other sheriff is responsible; and 2 (ii) about the number of prospective jurors to be included in 3 each list. 4 of persons to be included in list of prospective jurors 5 Selection 16.(1) The names of persons to be included in the list of prospective 6 jurors are to be drawn from the jury roll for the relevant jury district. 7 (2) The selection must be made-- 8 (a) by a computer programmed to make a random selection of 9 names from the jury roll; or 10 (b) by random selection of cards bearing the names of, or numbers 11 representing, the persons whose names are on the jury roll. 12 of list must be given to other sheriffs 13 Copies 17. When the sheriff of Queensland prepares a list of prospective jurors 14 for a jury district for which another sheriff is responsible, the sheriff of 15 Queensland must give a copy of the list to the other sheriff. 16 3--Notice to prospective jurors 17 Division to prospective jurors 18 Notice 18.(1) The sheriff must give each prospective juror a written notice (a 19 "notice to prospective jurors") stating-- 20 (a) the person may be summoned for jury service; and 21 (b) the jury service period for which the person may be summoned. 22 (2) The notice must include or be accompanied by-- 23 (a) a questionnaire (a "prospective juror questionnaire") to find 24 out whether the person is qualified to serve as a juror and, if the 25 person claims not to be qualified to serve as a juror, the ground of 26 the claim; and 27
s 19 15 s 20 Jury (b) a form (an "application form") to enable the person to apply to 1 be excused from jury service. 2 (3) A person to whom the notice is given must not fail to return the 3 completed prospective juror questionnaire to the sheriff within the 4 reasonable time allowed in the notice, unless the person has a reasonable 5 excuse. 6 Maximum penalty--10 penalty units or 2 months imprisonment. 7 (4) If the person wants to be excused from jury service, the person must 8 return the completed application form to the sheriff. 9 (5) Unless permitted by the practice directions, the sheriff may excuse a 10 person from jury service only on an application form that states the reasons 11 for asking to be excused from jury service. 12 (6) A person must not state something the person knows is false in 13 response to a prospective juror questionnaire, or in an application to be 14 excused from jury service. 15 Maximum penalty for subsection (6)--10 penalty units or 2 months 16 imprisonment. 17 Division 4--Power to excuse from jury service 18 power to excuse from jury service 19 Sheriff's 19.(1) On an application to be excused from jury service, the sheriff may 20 excuse the applicant from jury service-- 21 (a) for a particular jury service period (or part of a particular jury 22 service period); or 23 (b) permanently. 24 (2) In exercising the power to excuse from jury service, the sheriff must 25 comply with procedural requirements imposed under the practice directions. 26 of judge to excuse from jury service 27 Power 20.(1) A judge may excuse a person from jury service-- 28
s 21 16 s 21 Jury (a) for a particular jury service period (or part of a particular jury 1 service period); or 2 (b) permanently. 3 (2) A judge may exercise the power to excuse from jury service-- 4 (a) on the judge's own initiative; or 5 (b) on application by a member of a jury panel who wants to be 6 excused from jury service. 7 (3) A judge may hear an application under this section in court or 8 chambers and with or without formality. 9 (4) If the judge's decision on an application under this section is 10 inconsistent with the sheriff's decision on an earlier application made to the 11 sheriff by the same applicant, the judge's decision prevails. 12 to be applied in excusing from jury service 13 Criteria 21.(1) In deciding whether to excuse a person from jury service, the 14 sheriff or judge must have regard to the following-- 15 (a) whether jury service would result in substantial hardship to the 16 person because of the person's employment or personal 17 circumstances; 18 (b) whether jury service would result in substantial financial hardship 19 to the person; 20 (c) whether the jury service would result in substantial inconvenience 21 to the public or a section of the public; 22 (d) whether others are dependent on the person to provide care in 23 circumstances where suitable alternative care is not readily 24 available; 25 (e) the person's state of health; 26 (f) anything else stated in a practice direction. 27 (2) A person may be permanently excused from jury service only if the 28 person is eligible to be permanently excused from jury service in the 29 circumstances stated in the practice directions. 30
s 22 17 s 24 Jury prospective juror entitled to be excused from jury service 1 When 22.(1) This section applies to a prospective juror if the prospective 2 juror-- 3 (a) has been summoned to perform jury service for a particular jury 4 service period, or is on a list of prospective jurors who may be 5 summoned to perform jury service for a particular jury service 6 period; and 7 (b) has earlier been summoned for jury service and has attended as 8 required by the summons for a jury service period (or, if excused 9 from jury service for part of a jury service period, the balance of 10 the jury service period) ending less than 1 year before the jury 11 service period mentioned in paragraph (a). 12 (2) The prospective juror is entitled to be excused from jury service for 13 the jury service period. 14 for exercising power to excuse 15 Time 23. A prospective juror may be excused from jury service before or after 16 the prospective juror is summoned for jury service. 17 5--Revision of list of prospective jurors 18 Division of list 19 Revision 24.(1) After the end of the time allowed in the notices to prospective 20 jurors for the return of prospective juror questionnaires, the sheriff must 21 revise the list of prospective jurors. 22 (2) The revision is made by noting on the list the exclusion from the list 23 of the name of each person-- 24 (a) who, in the sheriff's opinion-- 25 (i) cannot be located within a reasonable time; or 26 (ii) is not qualified for jury service; or 27 (b) who has been excused from jury service. 28
s 25 18 s 26 Jury (3) The sheriff may make reasonable inquiries to find out whether the 1 name of a person on the list of prospective jurors should be excluded from 2 the list because the person is not qualified for jury service. 3 of revised list 4 Effect 25.(1) On revision of the list of prospective jurors, the list (the "revised 5 list of prospective jurors") becomes the basis for issuing summonses for 6 jury service in the relevant jury district for the jury service period concerned. 7 (2) However, an unrevised list of prospective jurors may be used as the 8 basis for issuing summonses for jury service, if the sheriff considers there 9 is not enough time to allow the list to be revised before the summonses are 10 issued. 11 (3) A prospective juror selected from an unrevised list of prospective 12 jurors may be summoned for jury service only if the notice to prospective 13 jurors8 has been given to the prospective juror, or is given to the prospective 14 juror together with the summons. 15 6--Summoning for jury service 16 Division of persons for summons 17 Selection 26.(1) The sheriff must from time to time (as the sheriff considers 18 necessary) select for summons enough prospective jurors to enable the 19 selection of juries for trials starting in the relevant jury district in the jury 20 service period concerned. 21 (2) The persons to be summoned must be selected-- 22 (a) by a computer programmed to make a random selection of 23 names from the revised list of prospective jurors; or 24 (b) by random selection of cards bearing the names of, or numbers 25 representing, the persons whose names are on the revised list of 26 prospective jurors. 27 8 See section 18(1) (Notice to prospective jurors).
s 27 19 s 27 Jury (3) However, the selection may be made from the unrevised list of 1 prospective jurors, if the sheriff considers there is not enough time to allow 2 for the list to be revised before the summonses are issued.9 3 for jury service 4 Summons 27.(1) The sheriff must give to each person selected for summoning a 5 summons requiring the person-- 6 (a) to attend for jury service as instructed by the sheriff at places and 7 times to be stated in the instructions; and 8 (b) if selected as a member of a jury, to attend as instructed by the 9 court until discharged by the court. 10 (2) A person summoned for jury service may only be instructed by the 11 sheriff to attend for jury service at a time that falls within a period stated in 12 the summons as the jury service period. 13 (3) The sheriff must instruct a sufficient number of persons to attend for 14 jury service on each day on which a trial or trials are to start in the jury 15 district to enable the selection of juries for the trial or trials. 16 (4) An instruction to attend for jury service may be given-- 17 (a) personally, whether directly or indirectly; or 18 (b) by notice in a newspaper circulating generally in the jury district; 19 or 20 (c) by telephone, radio, television or other form of distance 21 communication; or 22 (d) in a way-- 23 (i) authorised under a regulation; or 24 (ii) agreed between the sheriff and the person to whom the 25 instruction is given. 26 (5) The persons required to attend on the sheriff's instructions may be 27 identified in the instructions in a way stated in the summons. 28 9 See section 25(2) (Effect of revised list).
s 28 20 s 29 Jury 1 Example-- 2 The summons might allocate an identifying number to the person to whom the 3 summons is given. to comply with summons 4 Obligation 28.(1) A person must not fail to comply with a summons under this 5 division, unless the person has a reasonable excuse. 6 Maximum penalty--10 penalty units or 2 months imprisonment. 7 (2) If a person fails, without reasonable excuse, to attend before a court 8 as instructed by the sheriff or the court under this division, the failure may 9 be dealt with either as an offence against subsection (1) or as a contempt of 10 the court. 11 of persons summoned for jury service 12 List 29.(1) For each jury service period, the sheriff must prepare and keep 13 up-to-date a list of the persons summoned for jury service in a jury district 14 and not later excused from jury service (the "list of persons summoned 15 for jury service"). 16 (2) If asked by a party to a civil or criminal trial that is to take place in the 17 jury district in the jury service period, or a lawyer or other person 18 representing a party, the sheriff must-- 19 (a) give the party, lawyer or other person a copy of the list of persons 20 summoned for jury service; and 21 (b) identify or provide a means of identifying each person who has 22 been instructed by the sheriff to attend on the day the jury for the 23 relevant trial is to be selected. 24 (3) The request may be made no earlier than 4.00 pm on the business 25 day immediately before the day on which the jury for the trial is to be 26 selected. 27 (4) As soon as practicable after the jury for the trial is selected, a person 28 who has received a copy of the list must return the copy to the sheriff. 29 Maximum penalty--10 penalty units or 2 months imprisonment. 30 (5) The sheriff must destroy copies of the list returned to the sheriff. 31
s 30 21 s 31 Jury of list of persons summoned for jury service 1 Reproduction 30.(1) A person who receives a copy of the list of the persons 2 summoned for jury service must not-- 3 (a) reproduce the list or permit its reproduction; or 4 (b) give the list, or disclose any information in the list, to a person 5 other than a party, or a lawyer or other person representing a 6 party, to the civil or criminal trial to which the list relates. 7 Maximum penalty--10 penalty units or 2 months imprisonment. 8 (2) However, the sheriff or a person acting under the sheriff's authority 9 may-- 10 (a) reproduce the list or permit its reproduction; or 11 (b) give a copy of the list, or disclose information in the list, to a 12 person who is not a party or the representative of a party; 13 if it is reasonably necessary for the proper administration of this Act. 14 15 Example-- 16 The sheriff or a person acting under the sheriff's authority might have a copy of 17 the list made and give it to the judge who is to preside at the trial or the judge's 18 associate or clerk. relating to jury service 19 Questions 31.(1) A person must not ask questions of a person who has been 20 summoned for jury service to find out how the person is likely to react to 21 issues arising in a trial or for other purposes related to the selection or 22 possible selection of the person as a juror in a trial unless-- 23 (a) the questioning is authorised or required under another provision 24 of this Act; or 25 (b) a judge authorises the questioning under this section. 26 Maximum penalty--2 years imprisonment. 27 (2) A person must not ask questions of anyone about a person (the 28 "other person") who has been summoned for jury service to find out how 29 the other person is likely to react to issues arising in a trial or for other 30 purposes related to the selection or possible selection of the other person as 31
s 32 22 s 34 Jury a juror in a trial unless the questioning is authorised or required under 1 another provision of this Act. 2 Maximum penalty--2 years imprisonment. 3 (3) A judge may, on conditions the judge considers appropriate, 4 authorise a person to ask questions of a person who has been summoned 5 for jury service. 6 (4) A person must not contravene a condition under subsection (3). 7 Maximum penalty for subsection (4)--2 years imprisonment. 8 PART 5--FORMATION OF JURIES 9 1--Number of jurors in trials 10 Division for civil trials 11 Juries 32. The jury for a civil trial consists of 4 persons. 12 for criminal trials 13 Juries 33. The jury for a criminal trial consists of 12 persons. 14 jurors 15 Reserve 34.(1) The judge before which a civil or criminal trial is to be held may 16 direct that not more than 3 persons be chosen and sworn as reserve jurors. 17 (2) Reserve jurors-- 18 (a) are to be selected in the same way as ordinary jurors; and 19 (b) are liable to be challenged and discharged in the same way as 20 ordinary jurors; and 21 (c) must take the same oath as ordinary jurors; and 22 (d) are otherwise subject to the same arrangements as other jurors 23
s 35 23 s 35 Jury during the trial. 1 (3) If a juror dies or is discharged after a trial starts but before the jury 2 retires to consider its verdict, and a reserve juror is available, the reserve 3 juror must take the vacant place on the jury.10 4 (4) If 2 or more reserve jurors are available, the juror to take the place on 5 the jury must be decided by lot or in another way decided by the judge. 6 (5) When a jury retires to consider its verdict, a reserve juror who has not 7 been called on to take a place on the jury must be discharged from further 8 attendance at the trial. 9 (6) The death or discharge of a reserve juror before the juror has been 10 called on to take a vacant place on the jury does not affect the validity of the 11 trial. 12 2--Suitability of jurors 13 Division about prospective jurors to be exchanged between 14 Information prosecution and defence in criminal trials 15 35.(1) If a party to a criminal trial obtains information about a person 16 who has been summoned for jury service that may show the person is 17 unsuitable to serve as a juror in the trial, the party must disclose the 18 information to the other party as soon as practicable. 19 (2) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 20 apply to the disclosure of information under this section.11 21 10 See section 56 (Discharge or death of individual juror). 11 The Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, places restrictions on disclosure of the criminal history of a person by someone if the rehabilitation period under the Act has come to an end.
s 36 24 s 37 Jury Division 3--Attendance of jury panel 1 to arrange for attendance of jury panel 2 Sheriff 36.(1) When a civil or criminal trial is about to begin, the sheriff must 3 arrange for the attendance of a jury panel before the court. 4 (2) The panel must be formed from among the persons (the "relevant 5 prospective jurors") who-- 6 (a) have been summoned for jury service for the relevant jury service 7 period; and 8 (b) have not, after being summoned, been excused from jury service 9 or excluded from the list of prospective jurors because they are 10 not qualified for jury service; and 11 (c) are not currently serving on a jury. 12 (3) The panel must be formed by selection from among the relevant 13 prospective jurors in a way decided by the sheriff. 14 (4) When the panel is formed, the sheriff must give the instructions to 15 the members of the panel necessary to ensure their attendance before the 16 court. 17 to be given by sheriff 18 Materials 37.(1) Before the attendance of the jury panel before the court, the sheriff 19 must give the judge's associate or clerk-- 20 (a) a list stating the names, addresses and occupations of all persons 21 on the panel; and 22 (b) cards of identical size and shape, 1 for each member of the panel, 23 on which is written the name, address and occupation of the 24 member. 25 (2) If a person has no present remunerative occupation and is not 26 engaged in domestic duties, the person's occupation is taken to be the 27 person's last remunerative occupation and, if the person has never had a 28 remunerative occupation and is not engaged in domestic duties, a note to 29 that effect must appear in place of a statement of occupation. 30
s 38 25 s 39 Jury Division 4--Supplementary jurors 1 jurors 2 Supplementary 38.(1) If a trial is likely to be delayed because there are no persons or not 3 enough persons, who have been summoned for jury service, available for 4 the selection of a jury, the judge may, on application by a party to the 5 proceeding, direct the sheriff to make up or supplement a jury panel by 6 selecting from among persons who are qualified for jury service and 7 instructing them to attend for jury service. 8 (2) The number of persons to be selected, and the way the selection is to 9 be made, must be as directed by the judge. 10 (3) The persons instructed to attend for jury service under this section 11 become (subject to being excused or discharged under this Act) members 12 of the jury panel from which the jury for the trial is to be selected. 13 (4) Unless the person has a reasonable excuse, a person must not fail to 14 comply with-- 15 (a) an instruction to attend for jury service under this section; or 16 (b) a further instruction about jury service given by the sheriff or the 17 judge. 18 Maximum penalty--10 penalty units or 2 months imprisonment. 19 (5) A contravention of subsection (4) may be dealt with either as an 20 offence or a contempt of the court. 21 5--Preliminaries to jury selection 22 Division to be informed of right of challenge 23 Defendant 39. Before the selection of a jury for a criminal trial begins, the court 24 must inform the defendant that-- 25 (a) the persons whose names are to be called may be sworn as jurors 26 for the defendant's trial; and 27 (b) if the defendant wants to challenge any of them, the defendant, or 28 the defendant's lawyer or other representative, must make the 29 challenge before the person is sworn as a juror. 30
s 40 26 s 42 Jury to jury panel as a whole 1 Challenge 40.(1) A party to a civil or criminal trial who objects to the entire jury 2 panel may challenge the entire jury panel by informing the judge of the 3 reasons for the objection before any juror is sworn for the trial. 4 (2) The judge must decide the challenge before proceeding with the 5 selection of the jury for the trial. 6 6--Selection of jury 7 Division for jury selection 8 Procedure 41.(1) When a jury is to be selected for a civil or criminal trial-- 9 (a) a selection must be made as directed by the judge from among 10 the members of the jury panel by random selection of cards 11 bearing the names of, or numbers representing, the members of 12 the jury panel; and 13 (b) as each person is selected an officer of the court must call aloud 14 the name of the person selected. 15 (2) However, the judge may direct that persons selected be identified by 16 numbers only if the judge considers that, for security or other reasons, the 17 persons' names should not be read out in open court. 18 (3) The judge's associate or clerk must inform the sheriff as soon as 19 practicable of-- 20 (a) the names of the persons sworn to serve on the jury or as reserve 21 jurors; and 22 (b) if the judge orders that a juror or prospective juror be excused, 23 discharged or fined--the name of the person and the terms of the 24 order. 25 challenges 26 Peremptory 42.(1) In a civil trial, each party is entitled to 2 peremptory challenges. 27 (2) If reserve jurors are to be selected for a civil trial, each party is entitled 28 to-- 29
s 43 27 s 43 Jury (a) if 1 or 2 reserve jurors are to be selected--1 additional 1 peremptory challenge; and 2 (b) if 3 reserve jurors are to be selected--2 additional peremptory 3 challenges. 4 (3) In a criminal trial, the prosecution and defence are each entitled to 5 8 peremptory challenges. 6 (4) If reserve jurors are to be selected for a criminal trial, the prosecution 7 and defence are each entitled to-- 8 (a) if 1 or 2 reserve jurors are to be selected--1 additional 9 peremptory challenge; and 10 (b) if 3 reserve jurors are to be selected--2 additional peremptory 11 challenges. 12 (5) If there are 2 or more defendants in a criminal trial-- 13 (a) each defendant is entitled to the number of peremptory challenges 14 allowed to the defence under subsections (3) and (4); and 15 (b) the prosecution is entitled to a number of peremptory challenges 16 equal to the total number available to all defendants. 17 for cause 18 Challenges 43.(1) A party to a civil or criminal trial may challenge for cause against 19 a person selected to serve on the jury or as a reserve juror. 20 (2) A challenge for cause under this section is made by objecting to the 21 selection of the person against whom the challenge is made on either or 22 both of the following grounds-- 23 (a) the person is not qualified for jury service; 24 (b) the person is not impartial. 25 (3) A party who makes a challenge for cause must inform the judge of 26 the reasons for the challenge and give the judge information and materials 27 available to the party that are relevant to the challenge. 28 (4) If the judge is satisfied there are proper grounds to inquire into the 29 qualification or impartiality of the person against whom the challenge is 30 made, the judge may-- 31
s 44 28 s 44 Jury (a) permit the party to put questions to the person in a way and in a 1 form decided by the judge; and 2 (b) if the person's answers to the questions give grounds for further 3 inquiry--permit the examination or cross-examination of the 4 person on oath. 5 (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 6 apply to the disclosure of information in response to questions asked under 7 this section.12 8 (6) After considering the evidence and submissions of parties, the judge 9 must uphold or dismiss the challenge. 10 (7) The judge's decision under this section is not subject to interlocutory 11 appeal but, if the final judgment of the court is liable to appeal, may be 12 considered on an appeal against the final judgment of the court. 13 (8) A challenge for cause does not reduce the number of peremptory 14 challenges available to the party who makes the challenge. 15 for challenges 16 Time 44.(1) A peremptory challenge must be made before the officer assigned 17 by the court to administer the oath begins to recite the words of the oath to 18 the person challenged. 19 (2) A challenge for cause must be made before the officer assigned by 20 the court to administer the oath begins to recite the words of the oath to the 21 person challenged. 22 (3) A challenge for cause may also be made during a proceeding under 23 section 47.13 24 12 The Criminal Law (Rehabilitation of Offenders) Act 1978, section 6, places restrictions on disclosure of the criminal history of a person by someone if the rehabilitation period under the Act has come to an end. 13 Section 47 (Special procedure for challenge for cause in certain cases)
s 45 29 s 47 Jury 7--Final stage of jury selection process 1 Division stage of jury selection process 2 Final 45. The court reaches the final stage of the jury selection process when all 3 jurors and reserve jurors have been selected and sworn but the jury panel 4 has not yet been discharged. 5 discretion to discharge juror in final stage of jury selection 6 Judge's process 7 46.(1) When the judge reaches the final stage of the jury selection 8 process, the judge may discharge a person who has been selected as a juror 9 or a reserve juror if the judge considers there is reason to doubt the 10 impartiality of the person. 11 (2) The judge may discharge a person under this section whether or not a 12 challenge for cause is made. 13 (3) If a person is discharged under this section, another person must be 14 selected from the jury panel to take the person's place as a juror or reserve 15 juror. 16 procedure for challenge for cause in certain cases 17 Special 47.(1) If a judge who is to preside at a civil or criminal trial is satisfied, 18 on an application by a party under this section, that there are special reasons 19 for inquiry under this section, the judge may authorise the questioning of 20 persons selected to serve as jurors and reserve jurors when the court reaches 21 the final stage of the jury selection process. 22 23 Example-- 24 Prejudicial pre-trial publicity may be a special reason for questioning persons 25 selected as jurors or reserve jurors in the final stage of the jury selection process. (2) The application must be made to the judge at least 3 days before the 26 date fixed for the trial to start unless the judge, for special reasons, 27 dispenses with the requirement. 28 (3) On the application, the applicant may suggest, and the judge may 29 decide, questions that are to be put to persons selected to serve as jurors or 30 reserve jurors for the trial. 31 (4) The judge must put the questions in a way decided by the judge. 32
s 47 30 s 47 Jury 1 Example-- 2 The judge might decide that the questions are to be put to the persons selected to 3 serve as jurors or reserve jurors in each other's presence in open court, or that the 4 questions are to be put to each person individually. (5) If, after hearing the answers of a person questioned under this 5 section, the judge considers further inquiry is justified, the judge may give 6 the parties leave to cross-examine the person on oath (under limits fixed by 7 the judge) to find out whether the person is impartial. 8 (6) When a person has answered the questions put under this section and 9 any further examination allowed by the judge has finished, a party may 10 make a challenge for cause against the person on the ground that the person 11 is not impartial. 12 (7) A party who makes a challenge under this section must inform the 13 judge of the reasons for the challenge and, if the party has information or 14 materials relevant to the challenge in addition to the information or materials 15 already before the court, give the judge the information and materials. 16 (8) After considering the evidence and submissions of the parties the 17 judge must-- 18 (a) uphold the challenge and discharge the person selected to serve as 19 a juror (or reserve juror); or 20 (b) dismiss the challenge. 21 (9) If the judge upholds the challenge and discharges the selected person, 22 another person must be selected from the jury panel to fill the vacancy. 23 (10) When a person is selected to fill a vacancy under subsection (9)-- 24 (a) a party may-- 25 (i) if the party has not already exhausted the party's rights of 26 peremptory challenge--challenge the person peremptorily; 27 or 28 (ii) challenge the person for cause; 29 in the same way as on the original selection of persons to serve as 30 jurors (or reserve jurors14); and 31 14 See sections 42 (Peremptory challenges) and 43 (Challenges for cause).
s 48 31 s 50 Jury (b) the person is also liable to be questioned, cross-examined and 1 challenged under this section in the same way as the other 2 persons selected as jurors or reserve jurors. 3 (11) A decision of the judge under this section is not subject to 4 interlocutory appeal but, if the final judgment of the court is liable to appeal, 5 may be considered on an appeal against the final judgment of the court. 6 discretion to discharge entire jury 7 Judge's 48.(1) Before the court finishes the final stage of the jury selection 8 process, the judge may discharge all the persons selected to serve as jurors 9 if the judge considers that the challenges made to persons selected to serve 10 on the jury or as reserve jurors have resulted in a jury of a composition that 11 may cause the trial to be, or appear to be, unfair. 12 (2) If all the persons selected to serve as jurors are discharged, another 13 jury must be selected from the jury panel. 14 8--Presumption of authority 15 Division of authority for challenge 16 Presumption 49. If a challenge to a person selected as a juror or reserve juror is made 17 by a lawyer or other representative of a party, the challenge is presumed in 18 the absence of evidence to the contrary to have been made on the party's 19 authority. 20 ART 6--JURY TRIALS 21 P 1--Procedure following selection of jury 22 Division to be sworn 23 Jury 50. The members of the jury must be sworn to give a true verdict, 24
s 51 32 s 52 Jury according to the evidence, on the issues to be tried, and not to disclose 1 anything about the jury's deliberations except as allowed or required by 2 law.15 3 to be informed of charge in criminal trial 4 Jury 51. When the jury for a criminal trial has been sworn, the judge must 5 ensure the jury is informed-- 6 (a) in appropriate detail, of the charge contained in the indictment; 7 and 8 (b) the jury's duty on the trial. 9 2--Inspections and views 10 Division and views 11 Inspections 52.(1) If, on a trial, the judge considers it desirable for the jury to have a 12 view of a particular place or object, the judge may give the necessary 13 directions. 14 (2) The view must be held in the presence of the judge, and the parties 15 and their lawyers or other representatives are entitled to be present. 16 (3) The validity of proceedings is not affected by contravention of a 17 direction but, if the contravention is discovered before the verdict is given, 18 the judge may discharge the jury if the judge considers the contravention 19 appears likely to prejudice a fair trial. 20 15 For the form of the oath, see the Oaths Act 1867, sections 21 (Swearing of jurors in civil trials) and 22 (Swearing of jurors in criminal trials). Under the Oaths Act 1867, section 17, a juror may make an affirmation instead of an oath in certain cases (see also section 5).
s 53 33 s 54 Jury 3--Segregation of jury in criminal cases 1 Division not to separate 2 Jury 53.(1) After the jury in a criminal trial has been sworn, the jurors must 3 not separate until they have given their verdict or have been discharged by 4 the judge. 5 (2) However, the judge may allow the jury to separate before retiring to 6 consider its verdict during an adjournment of the court or while proceedings 7 are held in the jury's absence. 8 (3) If a juror separates from the rest of the jury in contravention of this 9 section, the juror may be punished summarily for contempt of the court. 10 (4) The validity of proceedings is not affected by contravention of this 11 section but, if the contravention is discovered before the verdict is given, the 12 judge may discharge the jury if the judge considers that the contravention 13 appears likely to prejudice a fair trial. 14 on communication 15 Restriction 54.(1) While a jury is kept together, a person (other than a member of the 16 jury or a reserve juror) must not communicate with any of the jurors 17 without the judge's leave. 18 (2) Despite subsection (1)-- 19 (a) the officer of the court who has charge of the jury may 20 communicate with jurors with the judge's leave; and 21 (b) if a juror is ill--communication with the juror for arranging or 22 administering medical treatment does not require the judge's 23 leave. 24 (3) A person who contravenes subsection (1) may be punished 25 summarily for a contempt of the court. 26 (4) The validity of proceedings is not affected by contravention of this 27 section but, if the contravention is discovered before the verdict is given, the 28 judge may discharge the jury if the judge considers that the contravention 29 appears likely to prejudice a fair trial. 30
s 55 34 s 57 Jury 4--Accommodation for jury 1 Division for jury 2 Accommodation 55.(1) While a jury is kept together outside the courtroom, the jurors 3 must be kept-- 4 (a) in a private place under the supervision of an officer of the court; 5 or 6 (b) as the judge directs. 7 (2) While a jury is kept together outside the courtroom, the jurors must 8 be provided with accommodation, meals and refreshments as the judge 9 directs. 10 5--Discharge of individual jurors or of whole jury 11 Division or death of individual juror 12 Discharge 56.(1) If, after a juror has been sworn-- 13 (a) it appears to the judge (from the juror's own statements or from 14 evidence before the judge) that the juror is not impartial or ought 15 not, for other reasons, be allowed or required to act as a juror at 16 the trial; or 17 (b) the juror becomes incapable, in the judge's opinion, of continuing 18 to act as a juror; or 19 (c) the juror becomes unavailable, for reasons the judge considers 20 adequate, to continue as a juror; 21 the judge may, without discharging the whole jury, discharge the juror. 22 (2) If a juror dies or is discharged before the trial begins, the judge may 23 direct that another juror be selected and sworn. 24 of trial with less than full number of jurors 25 Continuation 57.(1) If a juror dies or is discharged after a trial begins, and there is no 26 reserve juror available to take the juror's place, the judge may direct that the 27 trial continue with the remaining jurors. 28 (2) However, a civil trial cannot continue with less than 3 jurors and a 29 criminal trial cannot continue with less than 10 jurors. 30
s 58 35 s 62 Jury (3) The verdict of the remaining jurors has the same effect as if all the 1 jurors had continued present. 2 to reach unanimous verdict in civil cases 3 Failure 58.(1) If after deliberating for 6 hours, a jury in a civil trial has not 4 reached a verdict, the judge may discharge the jury. 5 (2) However, if the jury has not reached a unanimous verdict after 6 6 hours deliberation, the court may, if the parties agree, take the verdict of 7 3 of the jurors as the verdict of the jury. 8 verdict in criminal cases 9 Unanimous 59. The verdict of the jury in a criminal trial must be unanimous. 10 may be discharged from giving verdict 11 Jury 60.(1) If a jury cannot agree on a verdict, or the judge considers there are 12 other proper reasons for discharging the jury without giving a verdict, the 13 judge may discharge the jury without giving a verdict. 14 (2) If proceedings before a jury are to be discontinued because the trial is 15 adjourned, the judge may discharge the jury. 16 (3) A decision of a judge under this section is not subject to appeal. 17 of jury when judge dies or becomes incapacitated 18 Discharge 61. If the judge dies, or becomes incapable of proceeding with the trial, 19 an appropriate officer of the court must discharge the jury. 20 happens when jury is discharged 21 What 62.(1) When a jury is discharged, the judge may proceed immediately 22 with the selection of a new jury, or may adjourn the trial. 23 (2) If the defendant in a criminal trial is in custody when the jury is 24 discharged, the defendant remains in custody unless granted bail. 25
s 63 36 s 65 Jury ART 7--JUROR'S REMUNERATION AND 1 P ALLOWANCES 2 and allowances 3 Remuneration 63. A person who attends when instructed by the sheriff to attend under a 4 summons to perform jury service, or who serves as a juror or reserve juror, 5 is entitled to remuneration and allowances on the scale prescribed under a 6 regulation. 7 payments in certain cases 8 Special 64.(1) The Governor in Council may authorise a special payment 9 compensating a person who suffers injury, damage or loss arising out of 10 the person's jury service. 11 (2) A person may only apply for special compensation for financial loss 12 arising out of inability to carry on a business or engage in a remunerative 13 activity while performing jury service, if the applicant served as a juror (or 14 reserve juror) in a trial that continued for at least 30 days. 15 (3) An application for special compensation under this section-- 16 (a) must be made in writing to the Minister; and 17 (b) must include full details of the injury, damage or loss; and 18 (c) must be accompanied by all documentary evidence in the 19 applicant's possession of the injury, damage or loss. 20 (4) On receiving an application under this section, the Minister may 21 make inquiries to verify the details of the injury, damage or loss claimed by 22 the applicant. 23 for jury in civil cases 24 Fee 65.(1) If a party to a civil trial requires a jury, the party must pay to the 25 registrar of the court before which the trial is to be conducted-- 26 (a) the fee prescribed under a regulation before the trial begins; and 27 (b) the further fees required under a regulation as and when payment 28 is required under the regulation. 29
s 66 37 s 68 Jury (2) If the court before which a civil trial is to be conducted requires a 1 jury, the plaintiff must pay to the registrar of the court-- 2 (a) the fee prescribed under a regulation before the trial begins; and 3 (b) the further fees required under a regulation as and when payment 4 is required under the regulation. 5 (3) If the trial does not proceed and no person attends the court for jury 6 service, the party who paid the fee is entitled to the return of the fee less any 7 amount necessarily spent by the sheriff in arranging for the attendance, or 8 cancelling the attendance, of prospective jurors at the proposed trial. 9 ART 8--MISCELLANEOUS 10 P of members of jury panel or jury 11 Impersonation 66. A person must not pretend to be a member of a jury panel, a juror or 12 a reserve juror. 13 Maximum penalty--2 years imprisonment. 14 of jury lists etc. 15 Falsification 67.(1) A person must not falsify a record to be made or kept under this 16 Act. 17 Maximum penalty--2 years imprisonment. 18 (2) A person must not obstruct or interfere with the proper formation of 19 a jury under this Act. 20 Maximum penalty--2 years imprisonment. 21 to answer questions etc. 22 Obligation 68.(1) The sheriff or a person authorised by the sheriff may ask a person 23 reasonable questions to find out whether the person is qualified for jury 24 service. 25
s 69 38 s 70 Jury (2) The person must not fail to answer a question, unless the person has 1 a reasonable excuse. 2 Maximum penalty--20 penalty units or 4 months imprisonment. 3 (3) The person must answer any question truthfully. 4 Maximum penalty--20 penalty units or 4 months imprisonment. 5 (4) The sheriff or a person authorised by the sheriff may ask a person to 6 produce a document to find out whether the person is qualified for jury 7 service. 8 (5) The person must not fail to comply with the request, unless the 9 person has a reasonable excuse. 10 Maximum penalty--20 penalty units or 4 months imprisonment. 11 (6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 12 apply to the disclosure of information in response to questions asked under 13 this section.16 14 not to be terminated or prejudiced because of jury 15 Employment service 16 69. A person must not terminate the employment of anyone, or prejudice 17 anyone in employment, because the other person is, was, or will be, absent 18 from employment on jury service. 19 Maximum penalty--1 years imprisonment. 20 of jury deliberations 21 Confidentiality 70.(1) In this section-- 22 "confidential information about jury deliberations" means information 23 about statements made, opinions expressed, arguments advanced, or 24 votes cast, in the course of a jury's deliberations. 25 (2) A person must not publish to the public confidential information 26 16 The Criminal Law (Rehabilitation of Offenders) Act 1978, section 6, places restrictions on disclosure of the criminal history of a person by someone if the rehabilitation period under the Act has come to an end.
s 70 39 s 70 Jury about jury deliberations. 1 Maximum penalty--2 years imprisonment. 2 (3) A person must not seek from a member or former member of a jury 3 the disclosure of confidential information about jury deliberations. 4 Maximum penalty--2 years imprisonment. 5 (4) A person who is a member or former member of a jury must not 6 disclose confidential information about jury deliberations, if the person has 7 reason to believe any of the information is likely to be, or will be, published 8 to the public. 9 Maximum penalty--2 years imprisonment. 10 (5) Subsections (2) to (4) are subject to the following subsections. 11 (6) Information may be sought by, and disclosed to, the court to the 12 extent necessary for the proper performance of the jury's functions. 13 (7) If there are grounds to suspect that a person may have been guilty of 14 bias, fraud or an offence related to the person's membership of a jury or the 15 performance of functions as a member of a jury, the court before which the 16 trial was conducted may authorise-- 17 (a) an investigation of the suspected bias, fraud, or offence; and 18 (b) the seeking and disclosure of confidential information about jury 19 deliberations for the purposes of the investigation. 20 (8) If a member of the jury suspects another member (the "suspect") of 21 bias, fraud or an offence related to the suspect's membership of the jury or 22 the performance of the suspect's functions as a member of the jury, the 23 member may disclose the suspicion and the grounds on which it is held to 24 the Attorney-General or the Director of Public Prosecutions. 25 (9) On application by the Attorney-General (which may be made in 26 chambers), the Supreme Court may authorise-- 27 (a) the conduct of research projects involving the questioning of 28 members or former members of juries; and 29 (b) the publication of the results of the research. 30 (10) The Supreme Court may give an authorisation under subsection (9) 31 on conditions the court considers appropriate. 32
s 71 40 s 76 Jury of a police officer 1 Duties 71. A police officer sworn to assist the officer of a court in charge of a 2 jury in a jury trial must carry out duties as directed by the court, or the 3 officer of the court who is in charge of the jury. 4 by sheriff 5 Delegation 72.(1) A sheriff may delegate the sheriff's powers under this Act. 6 (2) However, a delegation may only be made to a person prescribed 7 under a regulation. 8 executive may approve forms 9 Chief 73. The chief executive may approve forms for use under this Act. 10 11 Examples-- 12 Forms may be approved for notices, questionnaires, summonses and applications. 13 Regulations 74.(1) The Governor in Council may make regulations under this Act. 14 (2) A regulation may create offences and prescribe penalties of not more 15 than 10 penalty units for each offence. 16 PART 9--REPEAL, AMENDMENT AND 17 TRANSITIONAL PROVISIONS 18 19 Repeals 75. Schedule 1 repeals the Acts mentioned in it. 20 mendments 21 A 76. Schedule 2 amends the Acts mentioned in it. 22
s 77 41 s 78 Jury Act 1929 references 1 Jury 77. In an Act or document, a reference to the Jury Act 1929 may, if the 2 context permits, be taken to be a reference to this Act. 3 provision 4 Transitional 78.(1) Despite the repeals and amendments made by this Act, the 5 statutory law of the State as in force immediately before the repeal or 6 amendment (the "old law") applies, to the exclusion of this Act, until a day 7 (not later than 1 year after the commencement) to be fixed by regulation for 8 this section (the "changeover day") and applies after the changeover day 9 for all trials for which a jury was empanelled before the changeover day. 10 (2) The old law continues to apply after the changeover day (to the 11 exclusion of this Act) to jurors and reserve jurors empanelled before the 12 changeover day. 13 (3) Subsection (1) does not limit the doing of anything under this Act so 14 that jury panels are available for civil and criminal trials starting after the 15 changeover day. 16 (4) This section expires 1 year after it commences. 17 18
42 Jury CHEDULE 1 1 ¡S REPEALS 2 section 75 3 Jury Act 1929 20 Geo 5 No. 19 4 Jury Act Amendment Act 1934 24 Geo 5 No. 37 5 Jury Act Amendment Act 1981 (No. 2) No. 80 6 Justice Legislation (Miscellaneous Provisions) Act 1992 No. 40 7 8
43 Jury CHEDULE 2 1 ¡S MENDMENTS 2 A section 76 3 RIMINAL CODE ACT 1899 4 ´C 1. Schedule 1, sections 608 to 612, 614, 615, 621 to 623 and 626 to 5 629-- 6 omit. 7 ISTRICT COURTS ACT 1967 8 ´D 1. Section 36-- 9 omit. 10 2. Part 3-- 11 omit. 12 3. Section 63-- 13 omit, insert-- 14 `Jury in criminal trials 15 `63.(1) All indictable offences prosecuted in the Court must be tried by a 16 judge and jury. 17 `(2) The Jury Act 1995 states the law about the following-- 18 (a) the obligation to perform jury service; 19
44 Jury SCHEDULE 2 (continued) (b) organisation of juries generally; 1 (c) the selection of a jury; 2 (d) arrangements for a jury during a trial; 3 (e) juror's remuneration and allowances. 4 `(3) Subsection (1) is subject to an Act that allows or requires an 5 indictable offence prosecuted in the Court to be tried in another way.'. 6 OATHS ACT 1867 7 ´ 1. Sections 21 and 22-- 8 omit, insert-- 9 `Swearing of jurors in civil trials 10 `21. Jurors may be sworn for civil trials in open court in the following 11 form or in a form to the same effect-- 12 You will conscientiously try the issues on which your decision is 13 required and decide them according to the evidence. You will also not 14 disclose anything about the jury's deliberations other than as allowed or 15 required by law. So help you God. 16 `Swearing of jurors in criminal trials 17 `22. Jurors may be sworn for criminal trials in open court in the 18 following form or in a form to the same effect-- 19 You will conscientiously try the charges against the defendant (or 20 defendants) [*or the issues on which your decision is required] and decide 21 them according to the evidence. You will also not disclose anything about 22 the jury's deliberations other than as allowed or required by law. So help 23 you God.'. 24
45 Jury SCHEDULE 2 (continued) 2. Section 31-- 1 omit, insert-- 2 `Oath of bailiff in charge of jury 3 `31. Bailiffs may be sworn to take charge of juries in the following form 4 or in a form to the same effect-- 5 You swear that you will not communicate with the jury nor allow anyone 6 else to communicate with the jury unless the communication is authorised 7 by the court, or is otherwise authorised by law. So help you God.'. 8 9
46 Jury CHEDULE 3 1 ¡S ICTIONARY 2 D section 3 3 "civil trial" means a trial before a court sitting in the exercise of a 4 jurisdiction other than a criminal jurisdiction. 5 "correctional officer" means a correctional officer within the meaning of 6 the Corrective Services Act 1988, and includes a person with 7 corresponding functions under the law of another State. 8 "court" means a court with authority to conduct a trial. 9 "criminal trial" means a trial on indictment or the trial of an issue by a 10 court sitting in the exercise of a criminal jurisdiction. 11 "elector" means a person entitled to vote under the Electoral Act 1992. 12 "electoral roll" means an electoral roll for an electoral district under the 13 Electoral Act 1992. 14 "judge" means a Supreme Court judge, a District Court judge or another 15 judicial officer with authority to preside at a trial. 16 "jury district" means a jury district established under this Act. 17 "jury panel" means a group of persons from among whom a jury is to be 18 formed for a particular civil or criminal trial. 19 "jury roll" means a list of the persons qualified to serve as jurors for a 20 particular jury district. 21 "list of persons summoned for jury service" see section 29(1). 22 "member of Parliament" means-- 23 (a) a member of the Legislative Assembly; or 24 (b) a member of the Commonwealth Parliament. 25 "notice to prospective jurors" see section 18(1). 26 "practice direction" means a practice direction under section 13. 27
47 Jury SCHEDULE 3 (continued) "prospective juror" means a person whose name is included in a list of 1 prospective jurors prepared under this Act.17 2 "prospective juror questionnaire" see section 18(2)(a). 3 "qualified for jury service" see section 4(1). 4 "revised list of prospective jurors" see section 25. 5 "sheriff" means-- 6 (a) the sheriff of Queensland;18 or 7 (b) for a jury district for which someone (the "assignee") other than 8 the sheriff of Queensland is responsible under a regulation for 9 carrying out the functions of the sheriff--the assignee.19 10 "trial" means a trial by jury. 11 © The State of Queensland 1995 17 See section 15 (Lists of prospective jurors). 18 The sheriff of Queensland is appointed under the Supreme Court Act 1867, section 9. 19 Under the regulations the responsibility for carrying out the sheriff's functions under this Act for a particular jury district may be assigned to the central sheriff, the northern sheriff, a deputy sheriff or another officer or person. However, the responsibility for preparing jury rolls and lists of prospective jurors remains with the sheriff of Queensland. (See section 8 (Assignment of responsibility for jury districts to other sheriffs and persons)).
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